Terms for Simplero Partners

Thank you for your interest in becoming an Affiliate. Please read these Affiliate Terms & Conditions carefully.  We appreciate our Affiliates, and we want you to succeed in your promotions.  We also want to serve you and our clients with 100% integrity and compliance with the law. As an Affiliate, we expect you to conduct yourself with professionalism and care so follow these Affiliate Terms & Conditions and you should be good to go!

Naturally, the purpose of these Affiliate Terms & Conditions is to set forth the details about how our Affiliate relationship works so that you can be clear at the outset as to how our communication and relationship works.

By becoming an Affiliate of Powerful Through Grace, Inc. you agree to abide by these Affiliate Terms & Conditions, as well as the general Terms & Conditions that appear on simplero.com.  In other words, any Terms & Conditions anywhere on our website apply to you so read ‘em all!

Here are a few definitions to help you understand these Affiliate Terms & Conditions:

  • “Enrollee” means any person who signs up for Simplero using your Affiliate Link. 
  • “Affiliate Link” means a unique URL designated by us for you which allows us to identify Enrollees to the Program as originating from you. 
  • “Commission” is the amount of money that will be paid by us to you based on a percentage of the total amount of the sales that originate through your unique Affiliate Link, based on the information below. 
  • “Confidential Information” shall include any information, whether oral, written or observed, regarding the terms of this Agreement or content of the Program. 

1. Affiliate Link

You are participating as an Affiliate through our invitation or by request. All Affiliates are subject to approval by us in our sole discretion.

Here’s how it works: Once you have been selected to be an Affiliate, you will be issued a unique “Affiliate Reference”, which can be included in URLs to simplero.com in ways instructed by us, which will allow us to identify Enrollees to Simplero as originating from you. Such links are called “Affiliate Links”. These Enrollees are tracked with this unique reference and sales are recorded accordingly.

To receive Commissions, you must use the provided unique Affiliate Reference in your links in the specified way.  You are solely responsible for insuring that the Affiliate Link is set up properly to qualify for Commissions. So please make sure it is set up right from the start so you can get paid. 

2. Affiliate Commissions and Payment

Affiliate Commission Amount. We will pay you a Commission of 20% of the total amount actually collected by us for each enrollment in the Simplero (excluding tax and refunds) for each Enrollee who signs up for Simplero using your unique Affiliate Link.  All payments will be made in U.S. dollars.

Enrollees to Whom Commission Applies. A Commission applies to any Enrollee in Simplero (other than you) who signs up using your unique Affiliate Link as a result of your own e-mail and/or social media marketing promotions, or through other means of communication by you, provided that the Enrollee signs up for Simplero through your unique Affiliate Link. You may not earn a Commission on your own enrollment in Simplero, nor that of your family members, or businesses you own, in whole or part. We allow a 14-day grace period to change which Affiliate is credited for which Enrollee, and by agreeing to these terms you agree to that. The tracking is completely automated.

45-Day Buffer. For a sale to generate a Commission to you, the Enrollee must remit payment, either in full or installment, have their enrollment in Simplero be fully completed, and allow a 45-day period after enrollment to lapse to allow for an occasional case-by-case refund to the Enrollee. We don’t typically allow refunds, but in the rare case that we do, this just gives us the time we need in case it happens. 

Payment of Commission. All Commissions earned will be paid as follows:  You will receive your Commission on a monthly basis, with each payout covering the amount owed that has been paid to us at least 30 days in advance.  The Commission shall be paid by us to you via PayPal MassPay, but we may change our payment mechanism at any point. You are authorizing us to make such payments via any standard payment format of our choosing.  You must have earned at least $20.00 in Commissions before any Commission payment will be made to you.

Refunds. We have a no-refund policy, but occasionally refunds do happen. Your commission will be deducted correspondingly. Refunds are not subject to the 45-day lapse, which means the refunded commission will be deducted from your balance immediately while the commission on the original payment will still be subject to the 45-day lapse. This means that a refund that happens within the first 45 days will temporarily affect your balance negatively. This is an unintended side-effect of the underlying implementation. We might change this in the future.

Assignment of Affiliate Credit: Generally, affiliate credit is assigned at the time a trial account is opened. However, in some cases, we may reserve the right to reassign affiliate credit to another affiliate if a special effort by a second affiliate caused the Enrollee to become a paying customer. This will be at our sole discretion. We're here to reward our affiliates in the fairest way we know how to. Under no circumstance will we split affiliate credit between more than one affiliate, however.

3. Intellectual Property  Rights

We reserve all rights in and to our “Simplero” name and all related trademarks, trade names, logos, taglines, slogans, images and similar identifying marks related to the Simplero and Powerful Through Grace, Inc. (collectively, the “Trademarks”).

We do, however, grant you a non-exclusive right to display the Trademarks on your website, e-mail and social media communications in connection with the unique Affiliate Link and promotion of Simplero. In fact, we want you to use them in promoting Simplero.

You understand that you may not change the proportion, color or font of the Trademarks, or otherwise alter the Trademarks. You may not display the Trademarks in any manner that implies sponsorship or endorsement by us, except of your involvement as an Affiliate as described in these Affiliate Terms & Conditions. 

The Trademarks may not be used to register Internet domain names for any purpose. You may not use the Trademarks to disparage us, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Trademarks.

You acknowledge that all goodwill generated through your use of the Trademarks will inure to our benefit and you hereby assign to us any and all goodwill generated through your use of the Trademarks, without any payment or other consideration of any kind to you.  This means that if people like us more because of your marketing efforts of Simplero as an Affiliate, we are the ones who benefit from that. 

Whenever you stop being an Affiliate, you must cease to use the Trademarks.

You agree not to frame or design your website to make it look like our website or to utilize our branding or Trademarks in any way that would confuse customers or the general public as to who is hosting or promoting Simplero.

You agree to not purchase or register any keywords, search terms or other identifiers related to our Trademarks or the trade or service marks or names of our primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service, online or offline.  You are on our team. We want to keep it that way.

You agree to not purchase or register any domains or other identifiers that include variations on our Trademarks or names intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service, online or offline, unless otherwise agreed to by us.

4. Anti-SPAM (UCE)

You agree to not send unsolicited mail or SPAM mail to promote Simplero or any of our products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending Commissions. You will also be in violation of these Affiliate Terms & Conditions and may be subject to legal action.

5. Website and Other Restrictions

You explicitly state and agree that your website, e-mail and/or social media content does not promote, endorse or display: (a) sexually explicit material or violence; (b) illegal activities, or (c) discrimination based on race, sex, sexual orientation, religion, national origin, or physical disability. 

Additionally, you agree not to: (a) read, intercept, record, or redirect any electronic form or other materials submitted to us by any person or entity; (b) take any action that could reasonably cause any customer confusion as to your relationship with us or as to the website on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (c) spam automated or anonymous links to social media pages or search engines. 

We reserve the right to cancel your participation, withhold or cancel your Affiliate Commissions, or take any other action at our sole discretion should you conduct any of the behavior above or fail to operate with integrity or within the guidelines of the FTC.

6. Confidential Information

All Confidential Information shall remain the exclusive property of us. You shall hold all Confidential Information in trust and confidence for us and shall not disclose such Confidential Information or use it for any purpose other than as required by these Affiliate Terms & Conditions. 

You may not disclose Confidential Information to employees or third parties unless it is necessary for such employees or third parties to know such Confidential Information in order for you to perform your obligations and duties pursuant to serving as an Affiliate. In other words, you can share pertinent information with your virtual assistant or website designer, but using your discretion and they have to be bound by these confidentiality terms as well, so please let them know that.

7. Termination

We sure hope you want to remain an Affiliate for a while, but if for some reason you don’t want to continue, we will be sad to see you go. You may terminate your relationship as an Affiliate with us at any time by sending an e-mail to affiliates@simplero.com.

We want you to know that we reserve the right to terminate you as an Affiliate if: (1) you violate any of the terms of these Affiliate Terms & Conditions, (2) if you are doing something unethical, even if it wasn’t explicitly disallowed by these Affiliate Terms & Conditions.  If we exercise our right to terminate your Affiliate relationship with us, we reserve the right to not pay any commission earned that has not previously been paid to you.

Within 14 days after termination, whether by you or us, you must remove all references to the Affiliate Link from your website and email lists.

8. Disclaimer & Release of Claims

We will make every reasonable effort to track and pay Commissions for all sales that apply to you.  However, we are not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. You understands that Affiliate tracking can never be 100% accurate and tracking of your sales depends on several factors. Therefore, we cannot guarantee 100% tracking for situations that may happen beyond our control.

We shall not be held liable for any indirect, incidental, special, equitable or consequential damages or any loss of revenue or profits by you arising under or with respect to serving an Affiliate, even if we have been advised of the possibility of such damages. 

In no event shall we be liable to any party for costs of procurement of substitute goods, lost profits or any other special, consequential, incidental, equitable, or indirect damages, losses, costs or expenses of any kind, however caused, and whether based in contract, tort (including negligence), or any other theory of liability regardless of whether we have been advised of the possibility of such damages, losses, costs or expenses.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS AFFILIATE AGREEMENT. 

We will not be held responsible in any way for the information that you request or receive through our Affiliate program.  You fully and completely release us and all of our staff from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us and/or our staff, arising from your participation in the Program, unless arising from the gross negligence on our part.

By serving as an Affiliate, you also consent to all of the terms as stated in our general Terms & Conditions found on our website at simplero.com.

9. Independent Businesses

Throughout the entire time you are an Affiliate for us, we are completely separate and independent businesses. Nothing in these Affiliate Terms & Conditions creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us. Each of our respective businesses are conducted at our own initiative, responsibility and expense, and each shall have no authority to incur any obligations on behalf of the other, except as otherwise provided in these Affiliate Terms & Conditions.

The term “Affiliate” shall not be interpreted as a legal partner or affiliate, but rather, simply as an independent business doing marketing for us pursuant to these Affiliate Terms & Conditions. You understand that you are NOT an employee of us, and therefore, you are responsible for your own local, state, province and/or country taxes and compliance with all relevant laws. 

You understand that you do not have authority to make or accept any offers or make any representations on behalf of us. You agree that you will not misrepresent our Program, products or services. Thanks for abiding by this term.

10. Other Important Terms

Entire Agreement, Assignment and Waiver: These Affiliate Terms & Conditions contain our entire agreement. These Affiliate Terms & Conditions may be modified or amended at any time by us. You may not assign your rights or obligations to any party. In the event that any part of these Affiliate Terms & Conditions are deemed unenforceable, the remaining portions shall be severed and remain in full force. The failure to enforce any provision of these Affiliate Terms & Conditions shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of these Affiliate Terms & Conditions. 

Dispute Resolution:  We sure hope that we could work out any conflict that we may have amiably through e-mail or phone conversations.  However, in the event that a dispute was to arise between us, we agree now that we both agree to use mediation first before any arbitration, litigation, or other procedure. If we can't agree, any disputes will be resolved according to the courts of New York.

By agreeing to become an Affiliate, you acknowledge that you have read, understand, agree to and accept all of the terms of these Affiliate Terms & Conditions. 

We are excited that you are joining us as an Affiliate—welcome aboard! We're looking forward to making great and loving things happen together!

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